[Cites 1, Cited by 0]
Kerala High Court
Jipthy Palanikumthadathil Skaria vs Union Of India on 26 December, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:98860
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 26TH DAY OF DECEMBER 2025 / 5TH POUSHA, 1947
WP(C) NO. 48497 OF 2025
PETITIONER:
JIPTHY PALANIKUMTHADATHIL SKARIA,
AGED 46 YEARS, D/O.P.U.SKARIA,
KARAMALA.P.O, KOZHIPILLY,
ERNAKULAM DISTRICT, PIN - 686662
BY ADVS.
SRI.LINDONS C.DAVIS
SMT.E.U.DHANYA
SMT.CHINJU P. JOYIES
SMT.SANJANA S ANAND
SRI.VINAYAK MANOHARAN P.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF EXTERNAL AFFAIRS,
PATTIALA HOUSE ANNEX,
TILAK MARG, NEW DELHI, PIN - 110001
2 CHIEF PASSPORT OFFICER & JOINT SECRETARY (PSP)
(APPELLATE AUTHORITY), PASSPORT DIVISION,
MINISTRY OF EXTERNAL AFFAIRS, PATTIALA HOUSE
ANNEX, TILAK MARG, NEW DELHI, PIN - 110001
3 JOINT SECRETARY (GULF),
MINISTRY OF EXTERNAL AFFAIRS,
ROOM NO.2129, JAWAHARLAL NEHRU BHAVAN,
NEW DELHI, PIN - 110001
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WP(C) No.48497 of 2025
2
4 REGIONAL PASSPORT OFFICER
COCHIN, REGIONAL PASSPORT OFFICE,
PANAMPILLY NAGAR PO, ERNAKULAM,
KOCHI, PIN - 682036
5 IMMIGRATION OFFICER,
BUREAU OF IMMIGRATION,
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS,
COCHIN INTERNATIONAL AIRPORT, NEDUMBASSERY,
ERNAKULAM DISTRICT, PIN - 683111
BY ADV.
SMT.O.M. SHALINA, DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.48497 of 2025
3
JUDGMENT
Dated this the 26th day of December, 2025
The petitioner is a Passport holder bearing Passport
No.I0336382 issued at Riyadh. The said Passport was
impounded at Cochin International Airport as per Ext.P1 and
thereafter forwarded to the Regional Passport Office, Cochin.
The Passport was impounded purportedly under the
provisions of the Passports Act, 1967, alleging violation of
Ext.P2 notification dated 26.09.2017, which imposed
restrictions on travel of Indian citizens to Yemen.
2. The petitioner submits that the petitioner has
not violated any condition of Ext.P2 notification. Her last travel
to Yemen was in the year 2012, at which point of time no
travel restriction was in force. The petitioner was married to a
citizen of Yemen much prior to the issuance of Ext.P2
notification and has three children. She is employed as a
Nurse in a hospital at Yemen. After the impounding of the
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Passport, the petitioner approached the Regional Passport
Office, Cochin and submitted a representation seeking
release of the Passport along with the affidavit as directed.
3. Subsequently, the petitioner was informed
that the matter had been forwarded to the Ministry for
consideration of release of passport on 24.11.2025.
Thereafter, on 11.12.2025, the petitioner was informed to
submit a representation to the 3 rd respondent through email,
explaining the reasons for release of Passport. Accordingly,
the petitioner submitted Exts.P4 to P6 seeking release of
Passport and permission to travel back to Yemen to rejoin her
family.
4. I have heard the learned counsel for the
petitioner and the learned Deputy Solicitor General of India
representing the respondents.
5. The petitioner has not violated any
conditions of Ext.P2 notification dated 26.09.2017. Her last
travel to Yemen was in the year 2012, at which point of time
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no travel restriction was in force. She is living with her family
at Yemen. In the absence of any violation of the conditions
stipulated in Ext.P2 notification, the impounding of the
petitioner's Passport is illegal, contends the petitioner.
6. Be that as it may, from the pleadings I find
that the petitioner has preferred Exts.P4 and P6 in this regard
before the 3rd respondent.
7. In the facts of the case, it would be only just
and proper that the 3rd respondent considers the same and
passes appropriate orders thereon in accordance with law
within a reasonable time.
The writ petition is accordingly disposed of directing
the 3rd respondent to consider Exts.P4 and P6 and pass
orders thereon within a period of one month.
Sd/-
N.NAGARESH
JUDGE
spk
2025:KER:98860
APPENDIX OF WP(C) NO. 48497 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE SEIZURE SLIP BEARING SL.
NO. 94/2025 DATED 10.10.2025 ISSUED BY
THE BUREAU OF IMMIGRATION; COCHIN
INTERNATIONAL AIRPORT
Exhibit P2 A COPY OF THE NOTIFICATION NO. S.O.
3223(E) DATED 26.09.2017 OF CENTRAL
GOVERNMENT
Exhibit P3 A COPY OF THE MARRIAGE CERTIFICATE
DATED 13.03.2006
Exhibit P4 A COPY OF THE EMAIL DATED 16.12.2025
Exhibit P4(a) A COPY OF THE SAID REPLY EMAIL DATED
17.12.2025
Exhibit P5 A COPY OF THE APPEAL DATED 17.12.2025
SUBMITTED BY THEE PETITIONER BEFORE
THE 2ND RESPONDENT
Exhibit P6 A COPY OF THE REPRESENTATION DATED
17.12.2025 OF THE PETITIONER BEFORE
THE 3RD RESPONDENT
